Basnett v. City of Jacksonville

Citations

• 19 Fla. 664

Syllabus

<p>1. Wliere a section of a law is amended by an enactment that it “ shall read as follows,” the amendment desired following, the substituted section becomes, for all purposes in the future, the named section of the original act, and a subsequent amendment of the same section of the original act by an enactment that it shall “read as follows,” the amendment desired following, ox>erates to repeal all of the section amended which is not embraced in the amendment.</p> <p>2. The amendment of the section of the general act creating a system of municipal government (Section 23, Oliaxi. 1688, Laws,) which grants the power to municipal corporations to tax for general municipal x>urposes so as to take away such power, destroys the power to levy a tax for sucli general purposes. The power and duty to levy and collect a tax for the imyment of the principal and interest of the outstanding bonds still exists by virtue of Section 20 of the original act, Chapter 1688, Laws, which is not repealed or amended by subsequent legislation.</p> <p>3. Under Section 4, Chapter 151, Laws, authorizing a judgment declaring an assessment not lawfully made, the judgment to be entered is an unqualified judgment; and where a part of the assessment is illegal and a part legal, the general judgment is that the assessment is not lawfully made. It cannot be that a part is lawful and a part is illegal.</p>